SELF-REPRESENTED LITIGANT RULE TO MODIFY CUSTODY

1 SELF-REPRESENTED LITIGANT RULE TO MODIFY CUSTODY This form is intended for litigants who: Wish to MODIFY a CUSTODY order previously issued by the court. Information you will Need: 1 Court information and the docket number from the previous CUSTODY hearing or any related matters. 2. The exact name and address of the opposing party or the opposing party s counsel. 3. The name(s) and date(s) of birth of all children listed in the CUSTODY order. Instructions: These instructions are meant to guide you through the process of asking the court to MODIFY an existing CUSTODY order for your minor child (ren).

2 If a CUSTODY order has not been issued by the court, you may want to petition the court to establish CUSTODY rather than MODIFY CUSTODY . The law allows the court to set all CUSTODY orders based on the best interest of the child (ren). This packet of forms is not legal advice and cannot take the place of the advice that a lawyer can give you. It is always best to speak with a lawyer before taking any legal action. When you represent yourself in court, you must follow all the proper procedures and the law.

3 It is your responsibility to see your case through the whole process. 1. Be sure you have the correct form. 2. Read all instructions before you begin. 3. Fill in the blanks with 100% accurate information- any false statement made in court or written in a court document may constitute perjury. 4. Check all options that pertain to your situation. 5. If you have trouble reading, writing, or understanding what is in this motion, seek help at the 21st Judicial District Court at 20300 Government Blvd. in Livingston (for Livingston Parish); 369 Sitman Street in Greensburg (for St.)

4 Helena Parish); and 110 N. Bay Street in Amite (for Tangipahoa Parish). The offices are open 8am-4pm (closed between 12pm-1pm). For more information, including fees, you can call (225) 686-2216 (Livingston); (225) 222-4514 (Greensburg); and (985) 748-4146 (Amite). Forms prepared by the Louisiana State Bar Association Access to Justice Department and the 21st Judicial District Court. No representation or enrollment as counsel is expressed or implied. 1 STEP ONE THE RULE The first step is to fill out and file the Rule to MODIFY CUSTODY form with the attached Verification and Order.

5 Read everything carefully, double check the information you fill in, and make sure you fill out the forms completely. These instructions will guide you through the Rule paragraph by paragraph. The top part of this form is your case information. o If there is already a case open in family court between you and the other parent, you will have to file this rule in that case. You will have to get all of the case information from the Clerk s office when you file it. The information that you put in this part must match the open case information.

6 Leave this part blank for now if you are unsure. o If there is no previous case in family court with the other parent, fill in your name in the first blank on the left because you are the petitioner if you file the rule. The other parent is the defendant, so write his/her name underneath. When you file this form in the Clerk of Court s office, they will give you the docket number and the division. For now, leave the blanks on the right empty The beginning paragraph asks you to fill in your name and domicile.

7 Your domicile is the parish/county and state where your current permanent address is. Paragraph 1 asks you to fill in the other parent s name and domicile. Paragraph 2 asks you to fill in the names and dates of birth of all the minor children born or adopted to you and the other parent. Paragraph 3 asks you information about the CUSTODY judgment in place right now. To fill this part out, it s a good idea to have a copy of that CUSTODY judgment with you. Write the date of the order in the first blank, then the case title in the next two blanks.

8 This is usually listed at the top of your order, and looks something like John Doe v. Jane Roe. In the next blank, write the docket number of the CUSTODY order. Finally, write in the name of the court that gave the order and the city where the court gave the order. Paragraph 4 asks you to write in the details of the current CUSTODY order, including how both parents split the CUSTODY of the child (ren). Paragraph 5 asks you to give the court all of your reasons for changing the CUSTODY order. Remember, the court can only change CUSTODY if there has been a material change in circumstance since the last order.

9 Make sure you explain these changes fully. Paragraph 6 asks you to select the CUSTODY arrangement that you are requesting from the court. o The first option is if you are requesting joint CUSTODY of the child (ren), with one parent getting more time and the other parent getting visitation with the child (ren). If this is what you re requesting, check this option and write the name of the parent you want to have domiciliary status in the first blank. Usually, the domiciliary parent is the one the child primarily resides with and the parent that gets to make important decisions for the child .

10 Then, write the other parent s name in the second blank, so that he/she can have physical custodial periods with the child . Then in the lines that follow, explain the time periods you would like for that parent to have those custodial periods. o The second option is if you are requesting joint CUSTODY of the child (ren) with both parents sharing equal time with the child (ren). If this is what you re requesting, check this option and write the name of the parent you want to have domiciliary status in the first blank.